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Jones v Festiniog Railway: CEC 1867

The defendant railway company ran steam locomotives on its railway. Although it had taken all reasonable precautions against the emission of sparks from the engine, nevertheless sparks from the engine set the plaintiff’s haystack alight and burned down his barn. Held: The claim succeeded. The thing of the dangerous nature that the railway company had … Continue reading Jones v Festiniog Railway: CEC 1867

Job Edwards Ltd v Birmingham Navigations Proprietors: 1923

Rubbish was tipped on land belonging to a canal company and on adjoining land belonging to mine owners. The rubbish on the mine owners’ land was found to be on fire, and the canal company feared that the fire might spread to their own land. Having called on the mine owners to extinguish the fire, … Continue reading Job Edwards Ltd v Birmingham Navigations Proprietors: 1923

Perry v Kendricks Transport Ltd: CA 1956

The Act gave a defence to liability for a fire which started accidentally, this did not cover a fire which started by negligence. Judges: Parker LJ Citations: [1956] 1 WLR 85, [1956] 1 ALL ER 154, [1955] EWCA Civ 5 Links: Bailii Statutes: Fires Prevention (Metropolis) Act 1774 Jurisdiction: England and Wales Citing: Cited – … Continue reading Perry v Kendricks Transport Ltd: CA 1956

Mason v Levy Auto Parts of England: 1967

The defendants had a store of machinery in inflammable packings, together with a quantity of petroleum, acetylene and paints. A neighbour claimed from fire damage. Held: They were liable for the damage when fire broke out and escaped to the neighbouring property. He found that the circumstances of the storage amounted to a non-natural user … Continue reading Mason v Levy Auto Parts of England: 1967

Stannard (T/A Wyvern Tyres) v Gore: CA 4 Oct 2012

The defendant, now appellant, ran a business involving the storage of tyres. The claimant neighbour’s own business next door was severely damaged in a fire of the tyres escaping onto his property. The court had found him liable in strict liability under the rule in Rylands, concluding that the appellant had collected the tyres on … Continue reading Stannard (T/A Wyvern Tyres) v Gore: CA 4 Oct 2012